34-223. Definitions. - Kansas Statutes

34-223

Chapter 34.--GRAIN AND FORAGE Article 2.--INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES

      34-223.   Definitions.As used in chapter 34 of Kansas Statutes Annotated, and amendments thereto:

      (a)   "Action" includes counterclaim, setoff and suit in equity.

      (b)   "Delivery" means voluntary transfer of possessions from one person toanother.

      (c)   "Fungible grain" means grain of which any unit is, from its nature or bymercantile custom, treated as the equivalent of any other unit.

      (d)   "Grain" means wheat, corn, oats, barley, rye, soybeans, grain sorghumsand any grains upon which federal grain standards are established, also seedsgenerally stored by warehouses, if special permission is granted by thesecretary.

      (e)   "Holder of a receipt" means a person who has bothactual possession of such receipt and a right of property therein.

      (f)   "Order" means an order by endorsement of the receipt.

      (g)   "Owner" does not include mortgagee or pledgee.

      (h)   "Person" includes individuals, corporations, partnerships and allassociations of two or more persons having a joint or common interest.

      (i)   "To purchase" includes to take as mortgagee or pledgee.

      (j)   "Receipt" means a warehouse receipt or receipts.

      (k)   "Value" means any consideration sufficient to support a simple contractand includes an antecedent or preexisting obligation, whether for money or not,where a receipt is taken either in satisfaction thereof or as securitytherefor.

      (l)   "Public warehouseman" means a person lawfullyengaged in the business of storing grain for the public.

      (m)   "Public warehouse" or "public grain warehouse" means every elevator orother building in which grain is received for storage or transfer for thepublic.

      (n)   "Secretary" means the secretary of agriculture.

      (o)   "Department" means the Kansas department of agriculture.

      (p)   "Grain bank grain" means any grain that has been received into anypublic warehouse to be held for the account of the depositor and returned tothe depositor at a later date either as whole or processed grain.

      (q)   "Storage grain" or "stored grain" means grain that has been received inany public warehouse located in this state, and such grain is not purchased bythe lessee, owner or manager of such warehouse.

      History:   L. 1931, ch. 194, § 1; L. 1945, ch. 210, § 1; L. 1984,ch. 150, § 7;L. 1997, ch. 160, § 16;L. 2004, ch. 101, § 193; July 1.